2024 Colorado Amendment I was a proposed amendment to the Colorado Constitution that will appear on the general election ballot on November 5, 2024, in Colorado. The measure, allows judges to deny bail to individuals accused of first degree murder in cases where there is enough evidence for the judge to presume the defendant will eventually be convicted. As the ballot measure modified the state Constitution, it required a 55% majority to pass.[1]
Background
In 2020, the Colorado General Assembly abolished the death penalty within the state. Since Colorado law only allows denial of bail for capital offenses, abolishing the death penalty inadvertently removed the ability of judges in the state to deny bail. This was made official by the Colorado Supreme Court decision People v. Smith. This led to bipartisan calls to restore the ability of judges to deny bail when "proof is evident or presumtion is great".[2]
On February 8, 2024, Representatives Monica Duran and Mike Lynch and Senators Rhonda Fields and Bob Gardner introduced House Concurrent Resolution 24-1002 to refer the issue of creating an exemption for the right to bail in suspected cases of first degree murder to voters. The bill passed the Colorado House of Representatives with bipartisan support and was then passed by the Colorado Senate unanimously.[3]
The amendment will appear on the ballot as follows:[4]
Shall there be an amendment to the Colorado constitution concerning creating an exception to the right to bail for cases of murder in the first degree when proof is evident or presumption is great?
Results
Amendment I required a 55% majority to pass. It was approved by voters with roughly two-thrids voting in favor of the amendment.[5]
